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of <h1>Court revives Criminal Complaint Case, setting aside discharge order under section 138 NI Act. Venkatesh Dutt overruled.</h1> The court set aside the order discharging the accused in a Criminal Complaint Case under section 138 of the NI Act. It found the Venkatesh Dutt judgment ... - Issues involved: Challenge to order discharging accused in Criminal Complaint Case u/s 138 of NI Act, interpretation of MOU terms, applicability of judgment in Venkatesh Dutt v. M/s. MS Shoes East Limited, relevance of subsequent judgment in Lalit Kumar Sharma & Anr v. State of UP V (2008) SLT 1.Interpretation of MOU terms:- Complaint filed for dishonour of cheque under NI Act.- Parties entered into MOU for settlement.- MOU stipulated payment terms and consequences of dishonour.- Post-dated cheques issued as per MOU.- Complaint not disposed of based on MOU.- Accused filed for acquittal citing Venkatesh Dutt judgment.- Petitioner argued MOU failure due to dishonoured cheques.- Court considered clause 5 of MOU and Venkatesh Dutt judgment.- Petitioner sought discharge based on MOU terms.Applicability of Venkatesh Dutt judgment:- Venkatesh Dutt case involved compromise during complaint.- Cheques issued post-compromise dishonoured.- Court held fresh cause of action for each dishonoured cheque.- Multiple complaints maintainable for each dishonoured cheque.- Petitioner argued Venkatesh Dutt judgment outdated.- Petitioner sought revival of original complaint based on MOU terms.Relevance of Lalit Kumar Sharma judgment:- Lalit Kumar Sharma case involved loan repayment cheques.- Compromise reached during complaint proceedings.- Subsequent cheques dishonoured, new accused added.- Supreme Court held second complaint not maintainable.- Second cheque not towards original liability.- Second complaint misconceived, appeal allowed.- Petitioner argued Lalit Kumar Sharma judgment supersedes Venkatesh Dutt.- Court agreed, set aside MM's order, revived original complaint.Conclusion:- Court found Venkatesh Dutt judgment outdated.- Lalit Kumar Sharma judgment deemed relevant.- Original complaint revived based on MOU terms.- Matter to proceed before MM as per law.- Petition disposed of, order for revival issued.
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